Appeal details
Counselvise Citation
[2024] 130 COUNSELVISE.COM (IT) 1995 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
5 month(s) 20 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
03-09-2024
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
C
Next Hearing Date
03-07-2024
Assessment Year
2013-2014
Appeal Filed On
14-03-2024
Judgement Text
आयकर अपीलीय अधिकरण, ‘ए’ न्यायपीठ, चेन्नई।
IN THE INCOME TAX APPELLATE TRIBUNAL
‘C’ BENCH: CHENNAI
श्री एबी टी. वर्की, न्याययर्क सदस्य एवं श्री अमिताभ श
ु
क्ला, लेखा सदस्य के समक्ष
BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER AND
SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER
आयकर अपील सं./ITA No.683/Chny/2024
निर्धारण वर्ा /Assessment Years: - 2013-14
Srinivasan Raju
New No.1-199F
Kunnathur Pudur,
Kunnathur Avanashi,
Coimbatore-641653
[PAN: CUBPS7326E]
Income Tax Officer,
Non-Corporate Circle-3(2),
Coimbatore
(अपीलार्थी/Appellant)
(प्रत्यर्थी/Respondent)
अपीलार्थी की ओर से/ Appellant by
: Shri Sridhar, Advocate
प्रत्यर्थी की ओर से /Respondent by
: Shri Clement Ramesh Kumar, CIT
स
ु
नवाई की तारीख/Date of Hearing
: 04.07.2024
घोषणा की तारीख /Date of Pronouncement
: 04.09.2024
आदेश / O R D E R
PER AMITABH SHUKLA, A.M :
This appeal is filed against the order bearing DIN & Order
No.ITBA/NFAC/S/250/2022-23/1059814833(1) dated 17.01.2024 of the
Learned Commissioner of Income Tax [herein after “CIT(A), National
Faceless Appeal Center[NFAC], Delhi, for the assessment year 2013-14.
Through the aforesaid appeal the assesse has challenged order u/s 250
dated 17.01.2024 passed by NFAC, Delhi.
ITA No.683/Chny/2024
:- 2 -:
2.0 At the outset, the Ld. Counsel for the assesse requested that the
case be set aside for re-adjudication as it has not been offered adequate
opportunities by the lower authorities to present its case.
3.0 The Ld. DR placed his reliance upon the orders of authorities
below.
4.0 We have heard rival submissions in the light of material available
on records. The Ld. AO noted that in this case assessment was
reopened u/s 147 on account of information that the assesse had
deposited large sums of cash in its bank accounts. The assesse did not
comply with the Ld. AO’s initial notice u/s 148 dated 30.03.2021 to file
return of income. The assesse contested the notice which was
responded by the Ld. AO. The Ld. AO issued further notices which
remained un-complied. In response to the show cause notices dated
11.03.2022 the appellant submitted reply and also filed its return of
income on 16.03.2022. The assesse asked for reasons for reopening
which according to Ld. AO were liable to be supplied only if the return
was filed in time given in 148. Yet the Ld. AO proceed to supply the
assesse’s reasons of reopening. The Ld. AO however proceeded to treat
the return as non est and therefore did not issue notice u/s 143(2). In
response to Ld. AO’s notices, the assesse submitted few details on
24.03.2022. The Ld. AO upon analyzing the details concluded that an
ITA No.683/Chny/2024
:- 3 -:
amount of Rs.5,43,50,000/- was liable for addition u/s 68. The Ld. AO
recorded that assesse deliberately avoided assessment proceedings.
The Ld.AO accordingly passed an order u/s 147 r.w.s 144 r.w.s 144B.
The Ld. CIT(A) proceeded to confirm the order of the Ld. AO. In para-8.2
of his order the Ld. CIT(A) observed that the assesse has provided very
late details to the Ld. AO leaving no time for him to conduct any enquiry.
Accordingly, he conformed the addition.
5.0 Upon consideration of material available on records, it is
abundantly clear that the Ld. AO has not had the opportunity to examine
the full facts of the case in the light of requisite evidences. It is also clear
that the assesse has not been forthright in timely providing the requested
details. Be that as it may in the interest of justice and of fair play, we
deem it appropriate to restore the file back to the Ld. AO with the
directions to conduct the assessment proceedings de novo after
considering all the material placed on records. The assesse is directed to
render all the details required by the Ld. AO and comply with his notices.
Any non-compliance shall be adversely viewed. The Ld. AO on his part
would offer sufficient opportunity of being heard to the assesse. To this
extent the order of lower authorities is set aside and the ground of appeal
raised by the assesse are allowed for statistical purposes.
ITA No.683/Chny/2024
:- 4 -:
6.0 In the result, the appeal is allowed for statistical purposes.
Order pronounced on 4
th
, September-2024 at Chennai.
Sd/-
(एबी टी. वर्की)
(ABY T VARKEY)
न्याययक सदस्य / Judicial Member
Sd/-
(अमिताभ श
ु
क्ला)
(AMITABH SHUKLA)
लेखा सदस्य /Accountant Member
चेन्नई/Chennai, ददनांक/Dated: 4
th
, September-2024.
KB/-
आदेश की प्रयतललपप अग्रेपषत/Copy to:
1. अपीलधर्थी/Appellant
2. प्रत्यर्थी/Respondent
3. आयकर आयुक्त/CIT - Coimbatore
4. नवभधगीय प्रनिनिनर्/DR
5. गधर्ा फधईल/GF
Mehul